INTRODUCTION.
- These Terms (“Terms”) constitute a legally binding agreement between the Client (“you”, “your” or the “User”) and FLEXITECH LLC FZ (the “Company”) in its capacity as owner and operator of https://fleximart.ae/. Please read this carefully before using this website.
- By accessing and using the Company`s services, you agree to adhere to the provisions of these Terms. If you do not agree to abide by the above and be bound by the Terms, please cease using our services (e.g., visit our website, create a user profile, etc.).
- The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and the Company and govern your use of the website and services, superseding any prior versions of the Terms of Service.
DEFINITIONS.
The following terms shall have the following meaning:
- “Company” or “we” or “us” – FLEXITECH LLC FZ, a company duly incorporated under the laws of the United Arab Emirates with registration number 2200565.01, having its registered address at The Meydan Hotel, Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, U.A.E
- “Website” – website, available at https://fleximart.ae/ with all of its subdomains;
- “Terms” – this exact document, including all attachments and schedules hereto;
- “Services” – any services available on the Website, provided by the Company;
- “User” or “you” – anyone using the Website and the Services. The User shall be considered in particular but without limitation: (a) person who registers a User’s Account on the Website; (b) registered User who buys Product through the Website; (c) person who uses any other Services on the Website or simply who is browsing the Website;
- . “Account” – a personalized part of the Website, assigned to each registered User, where the User’s data is stored.
- “Product” – products in digital form, offered via the Website;
- “Working days” – days from Monday to Friday, excluding public holidays in the country where the Company is registered;
- “CD keys” – also known as a product key or activation key, is a unique alphanumeric code used to activate and authenticate software, typically video games or other digital products. This code is often provided with the purchase of the software and is required during installation or activation to verify the legitimacy of the product and enable access to its features and content.
- “Digital Gift Card” –a virtual form of a prepaid monetary value that can be redeemed for products or services from specific retailers, online stores, or service providers. This form of gift card is delivered electronically via email, message, or online platforms, and recipients receive a unique code or link to access and redeem the associated monetary value. The code can typically be used during checkout on the vendor’s website or app to purchase a variety of goods or services.
- “E-vouchers” – digital vouchers that can be used to redeem specific products, services, or discounts from a particular vendor or retailer. They are typically provided in the form of a unique code or digital token that can be entered during the checkout process on the vendor’s website or platform. E-vouchers can represent a certain monetary value or provide access to specific offerings, such as discounts, free items, or special promotions.
DESCRIPTION OF SERVICES.
The website https://fleximart.ae is owned and operated by Flexitech LLC FZ. Our mission is to provide a secure, quick, and safe shopping process in GCC and Arab countries. Our company is a trusted reseller of popular brands such as Google Play, iTunes, and PlayStation. All prepaid cards presented on our website may be used at various online shops, e-wallets, and more. Gift cards and Vouchers purchased from us can also be used as gift certificates, which means that they can be redeemed on corresponding websites to buy software, games, and many other items. Our products represent digital codes that the client receives immediately after completing the payment and, when applicable mandatory KYC verification.
USER`S ACCOUNT.
- To be eligible to use our services, you must be older than 18 years old. The Account is digital content and the User expressly agrees to receive access to the Account immediately after completing the registration procedure.
- To create your account and purchase a product, you will have to provide us with personal information, such as but not limited to: your name, address, telephone and email address, proof of identity, and other information, depending on the circumstances. We may use the collected personal data to contact you, process payments for our services, provide you with all necessary information about our products, payment methods, delivery, etc., and conduct customer surveys. For more information about how we process personal data, please refer to our Privacy Policy. By completing the registration process on our website, you acknowledge that all the information provided is true, accurate, and up-to-date. By clicking the confirmation tick box, you give explicit consent to the Terms.
- The user is responsible for complying with all requests made by the Company and our service providers if needed to authenticate his/her identity or validate the funding source to his/her account. If you are not able to provide us with this information, we shall have the right to suspend access to your account or even close it at our discretion.
- Upon the creation of the account, the user shall create a password for access. You are solely responsible for keeping your password secure. You are responsible for maintaining the confidentiality of the account and access credentials and are solely and entirely responsible for all activities that occur under your account, whether or not you have authorized such activities or actions. We cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- One User may register only one account. One Account can only be assigned to one e-mail address. The User has no right to transfer his/her Account to a third person.
USER RESPONSIBILITIES.
- All products and services made available by the Company are non-refundable digital items. As it cannot be ascertained whether the product has already been used, the service could be used only once, and the right of withdrawal is not available. The user is responsible for his/her choice – by accepting these Terms, he/she acknowledges that he/she has read the product description carefully and is sure that the products he/she has bought are correct and compatible with his/her device. For more information, please refer to our Return Policy.
- The User is not allowed to use the Services directly or indirectly for any commercial purposes unless explicitly permitted by the Company.
- You shall not use our website, products, and/or services to conduct any fraudulent, immoral, or illegal activities or such activities that may infringe the intellectual property rights of third parties. Any intellectual property belonging to the Company or any vendor brands listed on the website, including, without limitation, trademarks or trade names, whether registered or not, shall not be used, modified, replicated, or resold by the User without the prior written consent of the Company.
- You acknowledge that your use of the Services and/or Products is at your sole risk. The Services and Products are provided on an “as is” and “as available” basis without any warranty or condition, express, implied, or statutory, including but not limited to implied warranties of merchantability and fitness of particular purpose.
- You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, or damages for loss of profits, goodwill, use, data, or other intangible losses resulting from the use of or inability to use the Services and/or Products.
- In no event shall we or our partners, vendors, affiliates, subsidiaries, etc., be liable for lost profits or any special, incidental, or consequential damages arising out of or in connection with our website, our services, our products, or this Terms (however arising including negligence). You agree to indemnify and hold us and (as applicable) our officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Terms or the documents it incorporates by reference or your violation of any law or the rights of a third party or your use of the Services, the Products, and the Website.
- The Services and/or the Products may provide, or third parties may provide, links to other websites or resources. As we have no control over such sites and resources, you acknowledge and accept that the Company is not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other content advertising, products or other materials on or available from such sites or resources. As such, you also acknowledge and accept that the Company does not and is not obligated to examine, evaluate, or screen any of these external resources and does not warrant or endorse any of the information, content, offers, or claims of these third parties. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.
- Verbal or written abuse of any kind (including but not limited to threats of abuse or retribution and defamatory statements) of any customer, employee, member, or officer of the Company will result in immediate account termination.
- You acknowledge and agree that the Company may at its absolute discretion refuse or permit you to use the Services without giving any reason or notice thereof.
- You irrevocably and unconditionally allow and permit the Company to send you notifications, updates, invitations, newsletters, and events offered or provided by us.
- You agree that you must retain a copy of all transaction records and our policies and rules.
ORDER AND PAYMENT PROCESS.
- Our website displays a complete and precise description of all listed products, based on the information provided by our partners and product suppliers.
- To purchase a product, you need to place an order. Only registered users can place an order for a product. The user is required to enter a valid phone number and email address. A notification of the various payment options is shown at the beginning of the order process. We accept Visa and Mastercard debit and credit cards denominated in AED (United Arab Emirates Dirham), USD (United States Dollar), and other currencies as valid forms of payment. We retain the right to change, remove, or modify payment methods at our discretion without prior notice.
- Upon finishing the order, you will be redirected to the system of the payment operator you chose. The order will be canceled if your payment has been rejected by the payment operator’s system. Moreover, as long as you have not made the payment, you can cancel the order yourself.
- Please note that only debit and credit cards owned by and bearing the user’s name and information are permissible for use. The usage of cards owned by third parties is strictly prohibited. It is important to emphasize that failure to comply with this requirement constitutes a serious violation of these terms. In such cases, we reserve the right to terminate the user’s account without prior notice. Furthermore, we retain the discretion to change, remove, or modify payment methods available to customers at our discretion, without prior notification.
- Payments for the purchase of the products are made through external payment operators. On the website, you can find payment operators through which it is possible to pay for the purchase of products. Given the product’s nature, you are required to pay the full due price and all applicable taxes before being supplied with the chosen product. These terms shall become effective only after successful payment is made by the user. The total cost of the order (product purchase price including all fees and applicable taxes) will be indicated in the checkout before the order is placed.
- You will receive an order confirmation to the e-mail address associated with your account or to the other e-mail address provided by you in the order form (if you have changed it in the order form before placing an order). Orders may be placed 24 hours a day, seven days a week. However, the user acknowledges that if the order is placed on Saturday, Sunday, or a public holiday, the order may be processed starting from the closest working day.
- We reserve the right to cancel any payment request made by you or refuse to supply the product without giving a reason. In the latter case, we shall not collect the payment you made or refund the amount received.
SUPPLY.
- Our services are usually available daily unless otherwise specified in the description. Products purchased on our website shall be supplied to you via the e-mail address linked to your account and/or by displaying the code associated with the order directly on the website. The products shall be delivered as soon as we confirm your payment has been received. The supply period shall depend on the chosen means of payment (e.g., payments made with some payment methods such as bank transfers, PayPal, other Payment services providers, and credit cards may take up to five business days to process).
- The Products shall be delivered on the order page by clicking “show product” or via email. Please ensure that the email address provided during the checkout process is accurate and up-to-date to ensure prompt delivery of the purchased items. We take great care in ensuring that our delivery process is secure and reliable, and we remain committed to providing our customers with the highest level of service and satisfaction.
- Unless otherwise provided in this Terms, the Company shall be entitled at its absolute discretion, without notice to you, to change the procedures, and the mode of operation of the Services at any time and from time to time for any reason whatsoever.
FEES.
- When you make a purchase of the Product on the Website, we will charge you a fee, depending on the method of payment you chose.
- The amount of the fee depends on the method of payment chosen by the User – the amount is visible in checkout before placing the order by the User. The fee is collected upon placing an order by the User.
TERMINATION.
- Account deletion involves ending the provision of Services from us to you. This entails the removal of your Account from the Website, resulting in the User losing access to it.
- Suspending an Account signifies a temporary block on the User’s access to all features of the Account. During this period, the User cannot utilize any of the Services or place any orders.
- The User holds the authority to delete their Account at any point. To initiate Account deletion, the User should reach out to us through the available support systems or contact forms on the Website. The Account will be removed within 7 days from the receipt of the request.
- We have the option to temporarily suspend a User’s Account for substantial reasons, such as if there is a reasonable suspicion of a breach of the Terms` provisions or infringement of third party rights. The suspension, based on the above grounds, will extend no less than 24 hours and no more than 60 days, with the possibility of extending this suspension further invalid circumstances. The duration of the Account suspension is at our discretion.
- We also have the authority to indefinitely suspend a User’s Account if: a) there is a suspicion of the User utilizing the Website or Services for illegal purposes, including actions like embezzlement, abuse, fraud, and money laundering; b) we have a reasonable belief that unauthorized individuals have gained access to the Account; c) we suspect that a stolen credit card was used by the User to pay for a purchased Product; d) any other reason provided for in the Terms hereto.
- We reserve the right to instantly delete the User’s Account in the case of a significant violation of the Terms` provisions. Account deletion by the Service Provider is possible in specific instances, including but not limited to a) Publishing unauthorized advertisements on the Website, sending unsolicited or harmful messages via email or online communicators, including “chain” messages; b) Providing or disseminating false or deceptive information about products or services available on the Website; c) Frequent suspensions of the User’s Account; d) Confirmed instances of the User using a stolen credit card to pay for an ordered Product; e) The User falsely representing themselves as a representative of the Service Provider or responding to press inquiries regarding the Website and its Services; f) The User engaging in actions that raise reasonable doubts for the Service Provider, especially if these actions are deemed harmful or undesirable, and the User fails to cease these actions within 7 days of receiving an email request from the Service Provider.
- Notifications regarding termination (Account deletion or suspension by us) will be communicated to the User through email.
- We possess the right to suspend or delete Users` accounts if we decide to discontinue our operations related to the Website. In such instances, we will provide Users with a minimum of 6 months’ notice via email. Following this notice period, all Accounts will be deleted.
- We maintain the prerogative to decline the registration of a new Account or to provide Services to a User if their previous Account has been suspended or deleted by us due to reasons outlined in this section of the Terms.
PRIVACY.
We will not disclose any personal information to third parties unless we have your explicit permission or we are legally required to do so. At the same time, we cannot be held responsible for any fraudulent activities targeting your account. We strongly recommend not to divulge your password to anyone and sign out of your account when you stop using the website for higher safety. For more information, please refer to our Privacy Policy.
INTELLECTUAL PROPERTIES.
- All names, trademarks, logos and images displayed on our website are registered trademarks of the Company and third parties. Nothing contained on our website should be construed as granting, by implication, or otherwise, any license or right to use any intellectual property displayed on our site without the written permission of the Company or such third party that may own the corresponding trademarks. Your use of the trademarks displayed on our website, or any other content on our site, is strictly prohibited.
- The entire content of this site consisting of inter alia text, video (of any format, streaming or otherwise), audio clips (of any format, streaming or otherwise), data assemblages, graphics, logos, buttons, icons, and any software is proprietary to the Company or its content providers or other third parties and is protected under the international and domestic copyright laws.
- You agree not to alter, modify, reproduce, duplicate, copy, sell, resell, or exploit any portion of our products and services, use, or access to our products and services without the express written permission of the Company.
ALTERATIONS.
- We reserve the right to modify, delete, and amend these Terms at any time whenever deemed necessary. The changes will be effective after posting on the website. We shall not personally warn the users about these alterations which means you will be expected to review our website for updates regularly. You agree that continued use of our services shall constitute your acceptance of these Terms (as modified and varied from time to time).
- Any changes will not impact transactions that were completed before the new Terms came into effect.
- By continuing to use our Website after the updated Terms come into effect, it will be assumed that you agree to the modifications. If you disagree with the changes, you shall discontinue accessing the Website and using our Services.
DISCLAIMER AND LIMITATIONS OF LIABILITY PROCEDURE.
- We make every effort to process your transactions in the shortest time possible; however, the exact timeframe cannot be predicted when placing the order.
- Our website can have links to third-party websites that we do not control or maintain. This means we cannot accept responsibility for the materials or offers featured on such websites.
- The Company is not responsible for any programming error or technical problems that may be affected by factors outside our control.
- We shall never be liable for indirect damage, including but not limited to consequential damage, loss of profit, missed savings, damage due to business or other types of stagnation or any damage as a result of failure to perform work carried out by third parties or goods delivered by third parties.
- We shall not trade with or provide any services to sanctioned countries by the law of the United Arab Emirates.
COMPLIENT PROCEDURE.
- If any dispute, claim, or complaint arises from or is related to this Terms or use of the Services and/or Products, we strongly recommend and encourage you to initiate contact with us initially via our online support systems. This proactive step allows both parties to collaboratively assess the claim or dispute in a manner that is mutually beneficial, efficient, and swift. This approach underscores our commitment to finding amicable resolutions.
- The User`s dispute, claim, or complaint shall contain at least: the User`s registered phone number or email; Order ID; Details of the Product and the date of the purchase; and a Thorough description of the complaint; If possible, the User shall provide proof that justifies the dispute/claim/complaint.
- Should you choose to pursue this avenue, the parties will engage in negotiations with the intent to amicably settle the matter. We will reply to you by e-mail or phone or by online contact channels available on the Website as soon as possible, but not later than 30 (thirty) calendar days of the receipt of the dispute/claim/complaint.
- If, following the stipulated 30-day timeframe, the dispute/claim/complaint remains unresolved through the course of these amicable negotiations, both parties mutually acknowledge and accept that the matter shall be escalated to the jurisdiction of the competent courts. It’s important to note that nothing in this Terms does not nullify or waive your right, as a user, to seek legal protection for your rights through judicial channels.
GOVERNING LAW.
These Terms and Conditions shall be governed by and construed by the laws of the UAE. The courts of UAE have exclusive jurisdiction to settle any dispute arising out of or in connection with this User Agreement.
CONTACT DETAILS.
You may contact us through one of the following channels:
– in writing: to our registered office address at The Meydan Hotel, Grandstand, 6th floor, Meydan Road, Nad Al Sheba, Dubai, U.A.E
– via Whatsapp: +971568346414
– via e-mail: admin@fleximart.ae